EGMR: Norwegian decisions to allow adoption of children against their mother’s wishes violated the Convention

In today’s Chamber judgments in the cases of A.S. v. Norway (application no. 60371/15) and Abdi Ibrahim v. Norway (application no. 15379/16), the European Court of Human Rights held, unanimously, that there had been in both cases a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights. The cases concerned decisions by the Norwegian authorities and courts to take the applicants’ children into care at a very young age and then allow them to be adopted by their foster families, against the applicants’ wishes. Both applicants were refused any contact rights with their children. Den Rest des Beitrags lesen »

EGMR: Forthcoming judgment on Tuesday 17 December 2019 – Abdi Ibrahim v. Norway (no. 15379/16)

The applicant, Mariya Abdi Ibrahim, is a Somali national who was born in 1993. She lives in Norway. The applicant had a son in November 2009 in Kenya and travelled to Norway in February 2010, where she was granted a temporary residence permit with refugee status. In September 2010 a parent-child institution notified the child welfare services that it was concerned that the child risked harm in the applicant’s care. He was placed in emergency foster care and in December 2010 the Country Social Welfare Board issued a care order. He was subsequently placed with a Christian family, while the applicant had argued that he go to either her cousins or to a Somali or Muslim family. Den Rest des Beitrags lesen »

EGMR: Conviction of author and editor for article’s remarks on Islam was excessive, breached their freedom of expression

In today’s Chamber judgment in the case of Tagiyev and Huseynov v. Azerbaijan (application no. 13274/08) the European Court of Human Rights held, unanimously, that there had been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights. The case concerned the applicants’ conviction for inciting religious hatred and hostility with their remarks on Islam in an article they had published in 2006. Den Rest des Beitrags lesen »

EGMR: Forthcoming judgment in Thursday 5 December 2019 – Tagiyev and Huseynov v. Azerbaijan (no. 13274/08)

The applicants, Rafig Nazir oglu Tagiyev and Samir Sadagat oglu Huseynov, are Azerbaijani nationals who were born in 1950 and 1975 respectively. Mr Tagiyev, now deceased, lived in Baku and was a well-known writer and columnist. Mr Huseynov lives in Lankaran (Azerbaijan) and used to work as editor-in-chief of Sanat Gazeti (Art Newspaper). The case concerns the applicants’ conviction for the publication of an article in November 2006 in Sanat Gazeti as part of a series written by Mr Tagiyev comparing Western and Eastern values. The article, entitled “Europe and us”, led to criticism by various Azerbaijani and Iranian religious figures and groups and to a religious fatwa calling for the applicants’ death. Den Rest des Beitrags lesen »

EGMR: Finnish decision to deport an Iraqi man who was killed when he arrived back in his country of origin violated the Convention

In today’s Chamber judgment in the case of N.A. v. Finland (application no. 25244/18) the European Court of Human Rights held, unanimously, that there had been a violation of Article 2 (right to life) and Article 3 (prohibition of torture and inhuman and degrading treatment) of the European Convention on Human Rights owing to decisions to deport the applicant’s father to his country of origin, Iraq, where he was subsequently killed. The Court found in particular that the Finnish authorities had not carried out a thorough enough assessment of the individual risks faced by the applicant’s father in Iraq although they had accepted his account of having faced two near deadly attacks in a context of tensions between Shia and Sunni Muslim groups, the father belonging to the latter. Den Rest des Beitrags lesen »

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EGMR: Forthcoming judgment on Thursday 14 November 2019 – N.A. v. Finland (no. 25244/18)

The applicant, Ms N.A., is an Iraqi national who was born in 1996 and lives in Finland. The case concerns her father’s expulsion to Iraq, where he was subsequently killed. The applicant’s father was a Sunni Muslim Arab from Baghdad. He served as a major in the army under former Iraqi leader Saddam Hussein and then for an American logistics company after the fall of that regime. Between 2007 and 2015 he worked in the Iraqi Office of the Inspector General, part of the Interior Ministry, where he was an investigator and then a leading officer on human rights crimes and corruption cases. He often had to investigate intelligence service officers or officers in militia groups. His work became more dangerous when Shia militia gained prominence. Den Rest des Beitrags lesen »

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EGMR: Switzerland would breach the Convention by returning to Afghanistan an Afghan convert to Christianity

In today’s Chamber judgment in the case of A.A. v. Switzerland (application no. 32218/17) the European Court of Human Rights held, unanimously, that there would be a violation of Article 3 of the European Convention on Human Rights in the event of the applicant’s return to Afghanistan. The case concerned the removal from Switzerland to Afghanistan of an Afghan national of Hazara ethnicity who was a Muslim convert to Christianity. Den Rest des Beitrags lesen »

Veröffentlicht in Aktuell, EGMR, Rechtsprechung. Schlagwörter: , , , . Leave a Comment »